Online Terms & Conditions of Sales
1.1 This Website can be accessed at titansupplies.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Titan Supplies (Proprietary) Limited (“Titansupplies”, “we”, “us” and “our”).
1.2 These Website Terms and Conditions govern:
1.2.1 the ordering, sale and delivery of Goods through the use of the Website and
1.2.2 the use of the Website.
1.4 These Terms and Conditions are binding and enforceable on every person that accesses and /or uses the Website (“you”, “your” or “user”), including without limitation each user who registers on the Website as contemplated below (“registered user”). By using the Website and by clicking on the “Register” button on the Website, as may be applicable, you acknowledge that you have read and irrevocably agree to be bound by the Terms and Conditions.
1.5 The Website enables you to shop online for an extensive range of goods including but not limited to: cable accessories, circuit breakers, distribution boards, enclosures, electrical cable, electrical wire, industrial lighting, motor control, power generation, standby power, power optimisation, power factor correction, professional lighting, reticulation support systems, safety equipment, test instruments, meters and tools (“Goods”).
1.6 The offerings on this website are valid and effective only in the Republic of South Africa and are only available to those who have active trading accounts on the Titan website.
2. Important Notice
2.1 These Terms and Conditions apply to all users, including but not limited to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
2.2.1 may limit the risk or liability of Titan; and/or
2.2.2 may create risk or liability for the user; and/or
2.2.3 may compel the user to indemnify Titan; and/or
2.2.4 serves as an acknowledgment, by the user, of a fact.
2.3 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
2.4 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to have the relevant provision/s explained to you (by sending your query to firstname.lastname@example.org before you accept the Terms and Conditions or continue using the Website. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Titan in terms of the CPA.
2.5 Titan permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have irrevocably accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
3. Registration and use of the website
3.1 Only registered users may order Goods on the Website.
3.2 To register as a user, you must provide a unique email address and password and provide certain information and personal details to Titan. You will need to use your unique email address and password to access the Website in order to purchase Goods.
3.3 You agree and warrant that your username and password shall:
3.3.1 be used for your personal use only; and
3.3.2 not be disclosed by you to any third party.
3.4 For security purposes you agree to enter the correct email address and password whenever ordering Goods, failing which you will be denied access.
3.5 You agree that once the correct email address and password relating to your account has been entered, irrespective of whether the use of the email address and password is unauthorised or fraudulent, you will be liable for payment of such order.
3.6 You agree to notify Titan immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
3.7 By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity.
3.8 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from the Board of Directors of Titan (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
3.9 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
3.10 You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent from the Board of Directors of Titan.
3.11 You may update, edit or terminate your account at any time through the Website.
4. Conclusion of sales and availability of stock
4.1 Registered users may place orders for Goods, which Titan may accept or reject. Whether or not Titan accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment by Titan for the Goods.
4.2 NOTE: Titan will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Titan come into effect (the “Sale”). This is regardless of any communication from Titan stating that your order or payment has been confirmed. Titan will indicate the rejection of your order by cancelling it and, within 30 days thereafter, refunding you for any amount already paid.
4.3 Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may cancel the Sale only in accordance with the Returns Policy.
4.4 Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. Titan shall not be liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
4.5 You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Titan, Titan will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Titan will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
4.6 Certain Goods may not be purchased for re-sale. Should we suspect that such Goods are being purchased for this purpose, we are entitled to cancel your order immediately without notice to you.
4.7 The invoice for your purchase will be emailed to you at the email address you provide to us. A copy of this invoice will be included in your parcel and will also be made available on your registered account.
4.8 Titan reserves the right to discontinue or change the specifications of its Goods from time to time without notice to you. However, the specifications of a particular Good will not be changed after order confirmation and before delivery of that Good to you.
4.9 These Terms and Conditions are in no way intended to deprive you, if you are a “consumer” contemplated under the Electronic Communications and Transactions Act 25 of 2002 (ECTA) of your right to cancel an agreement for the supply of goods within seven days after the date of the receipt of the goods, subject to a handling fee / the reasonable cost of returning the goods, which will be off-set against the refunded purchase price. You are a consumer under ECTA if you are an individual who will use the goods you buy.
5.1 All prices shown on our Website are quoted in South African Rands and are valid and effective only in the Republic of South Africa.
5.2 All Goods ordered via the Website shall automatically be charged to your online account with Titan and the ordinary payment terms relating to such account shall apply.
6. Delivery of goods
6.1 Titan offers 1 (one) method of delivery of Goods to you; delivery to your nominated address.
6.2 The Goods shall be delivered by rail or by road, in Titan’ sole and absolute discretion. For the purposes of this clause, the applicable railway authority or road carrier, as the case may be, shall be deemed to be the agent of the User. Delivery shall be deemed to have been effected to the User when the goods are handed to the transport carriers.. The onus of proving non-delivery shall rest with the User.
6.3 Where it accepts your order, Titan will deliver the Goods to you as soon as reasonably possible, but no later than 7 (seven) business days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period due to circumstances which are beyond our control. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price. In the event of late deliveries (for any reason whatsoever and howsoever arising) Titan shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such late deliveries.
6.4 Signature of titan’ delivery note by the User or by any representative of the User (including but not limited to the transport carrier) shall be regarded as acceptance by the User that the goods reflected in such delivery note have been properly and completely delivered.
6.5 All risk of loss in and to the Goods shall pass to you on delivery of the Goods.
6.6 For our Delivery Policy, click here.
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website, we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
8. Vouchers & Coupons
8.1 Titan may from time to time make physical or electronic gift vouchers (“Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of the Goods. Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
18.104.22.168 Vouchers that are purchased by registered users are valid for 3 years after Sale. Vouchers that Titan gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
22.214.171.124 Vouchers cannot be used to buy other Vouchers or Coupons. They do not accrue interest and are not exchangeable for cash once purchased. If your Voucher value is insufficient for the order you wish to place, you may pay the difference via credit card.
126.96.36.199 Titan is not responsible for any loss or unauthorised use of a Voucher after it has delivered the Voucher to you or to the email address nominated by you.
188.8.131.52 Coupons are issued in Titan’s sole discretion and we reserve the right at any time to correct, cancel or reject a Coupon for any reason. Users do not have a right to Coupons and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
184.108.40.206 As a general rule, and unless specified otherwise on the specific Coupon itself:
220.127.116.11.1 each Coupon can only be used once;
18.104.22.168.2 only one Coupon can be used per person per promotion/campaign on the Website;
22.214.171.124.3 a Coupon must be used at check-out – it cannot be used later on existing orders; and
126.96.36.199.4 the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
188.8.131.52 Coupons cannot be used to buy Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact email@example.com to confirm if the Coupon is still valid. If the coupon is still valid, you can choose whether to cancel the order and place it again with the Coupon, or you can complete the current order and use the Coupon on your next order.
184.108.40.206 Titan is not responsible for any loss or unauthorised use of a Coupon.
9. Discounted Goods
9.1 There are limited quantities of Discounted Goods (“a Deal”) and as such after a Deal is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Deal).
9.2 We do not guarantee a specific saving. The extent of the Deal or discount is at the sole discretion of Titan.
9.3 Adding a Deal to your cart or completing your order for a Deal without paying for it does not reserve the item for you. Unless Titan receives payment from you at the time of placing your order for a Deal, Titan will cancel your order.
9.4 The original (or “Was …”) prices on Deals and other discounted Goods are the recommended retail prices given to us by our suppliers at the time we listed the Goods. Once particular Goods are no longer available as a Deal or at a discounted price, the selling price on the Website may be different from the original price of a Deal or discounted Goods.
9.5 By purchasing any Deal, you are also automatically opting in for our Deal Notifications as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.
10. Refunds, Returns & Delivery
For our policy on refunds, returns, exchanges and delivery see policies
12. Changes to these Terms and Conditions
12.1 Titan may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
12.2 Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
13. Electronic communications
14. Ownership and copyright
14.1 The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Titan, its advertisers and/or sponsors and/or is licensed to Titan.
14.2 You will not acquire any right, title or interest in or to the Website or the Website Content.
14.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain written permissions for the commercial use of any Website Content e-mail firstname.lastname@example.org.
14.4 Where any of the Website Content has been licensed to Titan or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
15.1 The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
15.2 Titan does not display the Goods or information regarding them on the Website in a manner which is misleading, fraudulent or deceptive in any way. Titan also provides rights of return of products in its Returns Policy however, the information and other content published on the Website, including without limitation, text, graphics and links are provided on an “as is” basis. Titan makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the accuracy, correctness or completeness of the information and other content included on the Website. Without limiting the generality of this disclaimer:
15.2.1 Titan does not warrant that the Website will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality;
15.2.2 although Titan has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available on this website are free of viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your system;
15.2.3 apart from any express warranties on the products we supply, we give no warranty on the products sold over this website except those contemplated in section 55 of the consumer protection act, 2008 (CPA) and only if you are a “consumer” under the CPA.
15.3 please pay special attention to the following:
15.3.1 you acknowledge that your use of the Goods made available on the Website is at your own risk. If you do not follow the instructions on the Goods you may be endangering your life and there is a possibility of injury, fires or electric shocks.
15.3.2 For your own safety, please carefully consider and follow the warnings and instructions on the Goods.
15.3.3 The User shall be obliged to and warrants that it will ensure that a qualified technician and /or electrician installs all Goods purchased from Titan which require installation by such qualified persons. Should the User fail to comply with such obligation, the User indemnifies Titan from any liability of whatever nature arising from the purchase of the Goods.
15.3.4 The User acknowledges that it does not rely, in any manner, on any representations of Titan in its decision to purchase the Goods from Titan. The User acknowledges and agrees that Titan shall not be liable for any damage caused by any Goods sold, whether such damage is direct or consequential or whether it arises out of the negligence of Titan or out of any other cause.
15.4 Whilst Titan takes reasonable measures to ensure that the content of the Website is accurate and complete, Titan makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. Before placing any reliance on the data and information provided on the Website, please take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from the Website. Without limiting the generality of this statement: the Website could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on the Website prior to placing reliance on it. Changes are periodically made to the information on the Website and these changes will be incorporated into new editions of the Website.
15.5 Titan disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
15.6 Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
15.7 Any views or statements made or expressed on the Website are not necessarily the views of Titan, its directors, employees and/or agents.
15.8 In addition to the disclaimers contained elsewhere in these Terms and Conditions, Titan also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Titan, its employees, agents or authorised representatives. Titan thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
16. Limitation of liability
16.1 Titan cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Titan, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email email@example.com
16.2 TITAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF OR RELIANCE UPON THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
16.3 YOU HEREBY INDEMNIFY TITAN AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
17. Availability and termination
17.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
17.2 Titan may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Titan will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
17.3 If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
17.4 Titan reserves its right to terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms and Conditions or if we believe the information provided by you is untrue, inaccurate or incomplete.
17.5 Titan reserves the right, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Titan to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Titan, in whole or in part, on notice to you. Titan shall only be liable to refund monies already paid by you (see Titan’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
17.6 At any time, you can choose to stop using the Website, with or without notice to Titan.
18. Governing law and dispute resolution
18.1 These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. By using this Website you consent to the exclusive jurisdiction of the High Court and / or Arbitration Forums of the Republic of South Africa in respect of any disputes arising in connection with this Website and/or your use of it or any Goods obtained through it or information or other contents on it. The purpose of this clause is to make South African law apply and to give South African courts and Arbitration Forums jurisdiction if you are based outside of South Africa.
18.2 Any dispute in regard to the interpretation of or the effect of or the parties’ respective rights and obligations under or a breach of or in regard to any matter dealt with by or arising out of the provisions of this agreement at any time arising between the parties, shall be decided by arbitration, at the instance of the aggrieved party, in the manner set out in this clause.
18.3 The said arbitration shall be held subject to the provisions of this paragraph:
18.3.1 at Johannesburg, Republic of South Africa at the election of the party calling for such arbitration;
18.3.2 formally, under the Standard Procedure Rules for the time being, as issued by the Arbitration Foundation of the Republic of South Africa or otherwise in accordance with the provisions of the Arbitration Act No. 42 of 1965, as amended;
18.3.3 The arbitrator shall be if the question in issue is:
220.127.116.11 primarily an accounting matter, an independent chartered accountant of not less than 15 (fifteen) years standing agreed upon between the parties as such, or appointed by the President for the time being of the Gauteng branch of the South African Institute of Chartered Accountants;
18.104.22.168 primarily a legal matter, a practising advocate of not less than 15 (fifteen) years standing agreed upon between the parties as such, or appointed by the President for the time being of the Gauteng Society of Advocates, failing which, the Chairman of the Association of Arbitrators of South Africa;
22.214.171.124 any other matter, an independent person agreed upon between the parties and failing agreement as may be appointed by the Chairman of the Association of Arbitrators of South Africa.
18.4 Nothing in this clause 18 limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
19.1 Titan hereby selects Titan supplies House as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Titan may change this address from time to time by updating these Terms and Conditions.
19.2 You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Titan not less than 7 days’ notice in writing.
19.3 Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
19.3.1 by hand will be deemed to have been received on the date of delivery;
19.3.2 by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
19.3.3 by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
19.3.4 by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
20.1 For the purposes of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), Titan’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
20.1.1 Full name: Titan Supplies (Pty) Ltd, a private company registered in South Africa with registration number K2020747201
20.1.2 Main business: Online Lighting , electrical and hardware distributor
20.1.3 Official email address: firstname.lastname@example.org
21.1 Titan may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
21.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
21.3 Any failure on the part of you or Titan to enforce any right in terms hereof shall not constitute a waiver of that right.
21.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
21.5 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
21.6 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
21.7 These Terms and Conditions contain the whole agreement between you and Titan and no other warranty or undertaking is valid, unless contained in these Terms and Conditions.